Interim Order 18

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15 Civ Suit 409/24
MOHD ARIF Vs. SANDEEP
28/01/2026
Present: Plaintiff in person.
Mr. Pradeep Goswami, Ld. Proxy Counsel for
defendant.
Application U/o 18 rule 17 CPC filed on behalf of
defendant seeking permission to reopen the defendant evidence in
order to examine witness namely Akshay Jain. It is stated in the
application that defendant could not lead defence evidence on the
last date of hearing i.e. 26.11.25 and 18.12.25 as the Agreement
to Sell was misplaced and could not be found but now the same
has been found and hence defendant wishes to examine
Mr.Akshay Jain as defence witness.
On specific query, Ld.Counsel for defendant submits
that in the said Agreement to Sell dated 18.03.2024, Mr.Akshay
Jain is not as a witness.
There is no mention of the said Agreement to Sell or
the Mr.Akshay Jain being the witness to any transaction between
the parties with respect to the suit property in the WS.
There is no list of witness filed on behalf of defendant. Further,
the name of Mr.Akshay Jain has come up only in the cross-
examination of DW1 when he has voluntarily stated that he had
contacted one Akshay Jain who was the middle man in the deal
between him and the father of plaintiff and asked him to get the
cheque from Mr. Mobin. Mr.Akshay Jain had informed that
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Mobin is avoiding him also. No role of Mr.Akshay Jain being
witness to any transaction between the parties is disclosed even in
the cross-examination of DW1. Apparently, present application is
filed only to the delay,the conclusion of trial & fill in the lacunas
in the decree.
In view of the above, the present application is
dismissed without having any merit and disposed off
accordingly.
One more opporunity is sought by Ld Counsel for
defendant to advance final arugments in the present case.
At request, put up for final arugments on 10.02.2026.
(TANIA SINGH)
SCJ-cum-RC (North-East)
KKD Courts/28/01/2026
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